GENERAL GUIDANCE FOR CONSIGNMENTS OF
LIVE ANIMALS AND ANIMAL PRODUCTS FROM THIRD
COUNTRIES
IN TRANSIT OR TRANSHIPMENT
Transhipment: the movement of a consignment from a third country from a
vessel/aircraft in an Union/EEA port/airport served by an Union/EEA approved BIP to
another vessel/aircraft in the same port/airport within the area of the same customs
office
responsible for import and export or within the same free zone for onward travel. Due to
the numerous, different cases in which derogations for transhipments are applicable, in
particular for live animals, these are further defined in Chapters 9 and 10.
4. ADVANCE NOTIFICATION, CERTIFICATION & NON-CONFORMING CONSIGNMENTS
4.1. Advance notification of consignments
4.1.1. Animal Products
According to Article 3(3) of Directive 97/78/EC, Member States shall ensure that
persons responsible for the load forward the information requested in the first part of the
Common Veterinary Entry Document (CVED) in advance to the BIP to which the
consignments of animal products are to be submitted for veterinary checks. Article 2 (1)
of Regulation (EC) No 136/200411 clarifies that the CVED shall be used to notify the
arrival of the consignments of animal products to the BIP before their physical arrival
on Community territory.
The exact timeframe for advance notification is not specified in EU legislation. It is
recommended, however, that advance notification in ports should be provided at least
on the previous working day before the arrival of the consignments, except for ferries
where it is recommended that advance notification takes place just before arrival.
Advance notification in airports should be provided four hours before the arrival of the
plane for long haul flights and from take-off at the previous airport for short haul flights
(as in Commission Regulation (EEC) No 2454/199312). Advance notification for road
and rail BIPs is twelve (12) hours before arrival.
Member States may decide, on the basis of local conditions, to require advance
notification for specific BIPs at least on the previous working day.
4.1.3. General
In cases of non-compliance, e.g. delayed or lack of advance notification, it is up to
Member States to decide the appropriate action to be taken as provided for in Article 54
and 55 of Regulation (EC) No 882/2004. The action taken should have as its aim the
removal of repeated non-compliances and might vary from administrative measures to
fines up to refusal of the consignment. These measures may be applied progressively
12 Commission
Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the
implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code,
according to the severity of the shortcoming and the history of compliance of the person
responsible for the load.
4.2. Certification of consignments
4.2.1. General
Article 7 (1) and 11 (2) (a) of Directives 97/78/EC and Article 7 of Directive
91/496/EEC
require the original veterinary certificates or original veterinary documents to be
presented
in the BIP of arrival.
If the third country of origin provides the veterinary certificate in TRACES, the person
responsible for the load may use this to clone the first part of the CVED. In that case a
paper veterinary certificate stamped and signed by the official of the competent
authority
of the third country has to be provided to the BIP of arrival.
In cases where the destination address in the veterinary certificate is different from that
in
the CVED, customs documents or other accompanying papers should be checked to
verify
the destination address.
The original veterinary documentation, including the specific animal health certificate
requested in EU legislation should travel onwards with the relevant consignment to the
free/customs warehouses/ship supplier or to the third country together with the relevant
CVED (Article 3 (4) of Regulation (EC) No 136/2004 and Article 3 (7) of Regulation
(EC) No 282/2004). The original specific animal health certificate on entry to the EU
should be the same as that used when exiting the EU and no change to it should be
made
during the transit of the consignment. The only exception to this being for live animals
when animals are found to have died during the journey, when explanation has to be
made
to the difference in the number of animals indicated on the health certificate and in the
CVED.
As inconsistencies may be identified during documentary and identity checks as
provided
for in Article 4 of Directive 97/78/EC and in Article 4 of Directive 91/496/EEC, in
relation to the information contained in the veterinary certificates or documents, the
following Chapter refers to replacement certificates.
9. ANIMAL PRODUCTS TRANSHIPPED AT PORTS OR AIRPORTS
9.1. General
Consignments of animal products arriving in an Union/EEA port/airport on a
vessel/aircraft en route to another Union/EEA port/airport are not subject to veterinary
checks unless they are unloaded.
On the other hand, if consignments of animal products arrive in an Union/EEA
port/airport on a first vessel/aircraft and are to then travel onwards in another
vessel/aircraft (ie. they are unloaded from the first vessel/aircraft to the second
vessel/aircraft for onward travel) and are not to be imported at the BIP of arrival in the
first port/airport, then special conditions for veterinary checks apply. Onward travel
may
involve either importation into the Union/EEA (ie. at a second BIP) or onward travel to
a
third country.
In cases where consignments of animal products are transhipped in this manner, they
must
be transferred under customs control or within the same free zone from the importing
means of transport (first vessel/aircraft) to the exporting means of transport (second
vessel/aircraft) within the area of the same customs office responsible for import and
export. Doing this correctly requires a summary declaration to be made to the relevant
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customs office upon arrival ie. the cargo manifest of the arriving vessel/aircraft, and a
declaration to be made at the time of export ie. the cargo manifest of the departing
vessel/aircraft.
9.2. Advance notifications for transhipped consignments
Advanced notification for transhipped consignments of animal products - as laid down
in
Article 3 (3) of Directive 97/78/EC and Article 2 (1) of Regulation (EC) No 136/2004 is
required. This advance notification should be carried out by providing the first part of
the
CVED to the relevant BIP, see also Chapter 4.1.1. In addition, the person responsible
for
the load must provide the following information to the official veterinarian at the BIP of
arrival at the time of arrival:
- the estimated unloading time of the consignment,
- the BIP of destination in the Union in case of import or transit through the
Union or the third country of destination in case of transit directly to a third
country port/airport,
- the exact location of the consignment in the arrival port/airport, if it is not
loaded directly on an aircraft or vessel to the onward destination,
- the estimated time of loading of the consignment on the aircraft or vessel
bound to the onward destination, as provided for in Article 1 of Commission
Implementing Decision 2011/215/EU23 replacing Decision 2000/25/EC24.
Article 3 (3) of Decision 2004/292/EC25 requires that the CVED shall be provided in
TRACES for all products entering the Community whatever the customs arrangements
to
which they are subject are from 31. December 2005. The intention of the legislator with
this is to have the respective information to be introduced in TRACES independent
from
the fact that the second part of the CVED may not be completed. This should ensure
that
as much information as possible is provided to the BIP of arrival and to facilitate
supervision and traceability in particular of consignments being transhipped.
While Decision 2004/292/EC requires that Member States shall ensure the use of
TRACES for the relevant consignments, Article 2 (4) of Regulation (EC) No 136/2004
allows the responsible for the load to provide the information on the first part of the
CVED through electronic data transmission, e.g. TRACES.
In relation to transhipments, the competent authority for the BIP of arrival has to
determine the procedure and the means to provide the above information to the relevant
official veterinarian. To allow Member States for a transitional period for the inclusion
of
this information in TRACES for consignments staying less than 7 days in ports or less
than 12 hours in airports, the pre-arrival information for such consignments should
include
at least the information described under the four indents above, the voyage number and
23 Commission
Implementing Decision 2011/215/EU of 4 April 2011 implementing Council Directive 97/78/EC
as regards transhipment at the border inspection post of introduction of consignments intended for import into the
EU or for third countries, OJ L 90, 06.04.2011, p 50
24 Commission
Decision 2000/25/EC of 16 December 1999 establishing the detailed rules for the
application of Article 9 of Council Directive 97/78/EC concerning the transhipment of products at a
Border Inspection Post where the consignments are intended for eventual import into the European
Community, and amending Commission Decision 93/14/EEC, OJ L 9, 13.01.2000, p. 27
25 Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system and
amending Decision 92/486/EC, OJ L 94, 31.3.2004, p. 63
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the name of the ocean vessel/airplane, the terminal of arrival of the vessel, date and time
of unloading, voyage number and name of the departing vessel/airplane, date and time
of
departure, terminal of departure, port/airport of destination, third country of origin,
content with product description, CN-code of the product, container and seal number,
number of packages, weight and the temperature regime.
9.3. Destination of transhipped consignments
Consignments of animal products may only be transhipped through a BIP of arrival with
one of two final destinations: import into the Union/EEA in a second BIP or onward
travel
to a third country. Derogations from the need for veterinary checks exist in the
following
cases:
9.3.1. Consignments destined for the import in the Union/EEA in the second BIP
(Article 9 of Directive 97/78/EC)
A consignment to be imported into the Union/EEA has to fulfil all EU import
requirements, namely animal and public health conditions. The checks needed to prove
these conditions are met, will take place either in the first BIP of arrival or in the second
BIP. The first BIP of arrival’s first duty is to ensure that the second BIP is approved to
receive the consignment in the relevant product category. If the latter is not the case,
then
it is the first BIP of arrival that must carry out the full veterinary checks and this even
before the minimum time period has elapsed.
If the second BIP is approved accordingly, they will carry out the necessary veterinary
checks depending on which checks have been carried out in the first BIP (details see in
Chapter 9.4).
In case a consignment is underlying the re-enforced check regime according to Article
24
of Directive 97/78/EC, this has to take place in the second BIP.
9.3.2. Consignments destined for third countries (Article 11 (2)(b) of Directive
97/78/EC)
Consignments destined for third countries must fulfil animal health conditions since the
enforcement of Directive 2002/99/EC. This means in particular that they must come
from
a third country whose products are allowed entry into the territories of the Union as
listed
in Annex I to Directive 97/78/EC. Documentary and identity checks have to be carried
out
at the BIP of arrival (details see in Chapter 9.4) and if there is a health risk or
irregularities
are suspected, physical checks must also be carried out.
The re-dispatch26 of consignments not fulfilling the animal health conditions without
any
further stop on the territories listed in Annex I to Directive 97/78/EC to a third country
is
permissable in accordance with Article 11 (1)(a) of Directive 97/78/EC. In these cases it
is
not necessary to issue a notification within the RASFF-system.
However, as Article 11 (1)(a) of Directive 97/78/EC was designed before the
enforcement
of Directive 2002/99/EC, it requires that transit of consignments coming from a third
country whose products are prohibited entry into the territories of the Union as listed in
26 Re-dispatch
as provided for in Article 17 of Directive 97/78/EC and in Article 21 of Regulation (EC)
No 882/2004
17
Annex I to Directive 97/78/EC and destined to another third country shall not be
authorised by the relevant Member States. This means that transit of consignments for
which a safeguard measure or another specific prohibition has been adopted, is not
allowed.
Member States may decide to waive the above requirement and allow transhipments (of
consignments coming from a third country whose products are prohibited) from one
aircraft to another or from one vessel to another within the area of the same customs
office
responsible for import and export of the same port or airport or within the same free
zone
for the purpose of re-dispatch without further stop on the Union territory for
consignments
originating from a third country whose products are prohibited to enter into the Union.
If
Member States decide so, detailed rules have to be adopted in accordance with Article
29
of Directive 97/78/EC. Currently no such rules to lay down the general criteria to be
respected in this regard have been adopted.
9.4. Veterinary checks to be carried out on transhipped consignments
9.4.1. Before the minimum time period for veterinary checks laid down in Article 2
and 3 of Decision 2011/215/EU has elapsed (12 hours at airports and 7 days
at ports)
In cases where consignments are destined for a third country are not unloaded from the
vessel/aircraft, the documentary check at the first BIP will be confined to the
examination
of the on-board manifest as provided for in Article 11 (2)(b) 2nd paragraph first indent of
Directive 97/78/EC.
In cases where consignments are destined for a third country and they are transhipped
from one aircraft to another or from one vessel to another within the above minimum
time
period and within the customs area or the free zone of the same port or airport, a
derogation from the documentary and identity check may be granted by the competent
veterinary authority as provided for in Article 11 (2)(b) 2nd indent of Directive
97/78/EC.
However, Article 9 (1)(a) of Directive 97/78/EC clarifies that Member States may carry
out a documentary check, if there is a risk to animal or public health. This check may be
carried out on the basis of the certificate or veterinary document of origin or any other
original document, or an authenticated copy thereof accompanying the consignment
concerned.
In cases where consignments destined for a third country are unloaded from the
vessel/aircraft, the above mentioned documentary check must include a check of the
specific animal health certificate requested in EU legislation as provided for in Article 9
(1)(a) of Directive 97/78/EC. In cases where consignments are destined for later
importation into the Union/EEA, this documentary check must include a check of the
relevant import certificate requested in EU legislation.
Article 20 of Directive 97/78/EC provides for the legal power for Member States and
their
BIPs to check and seize a consignment at that stage if necessary, and if there is a risk to
animal or public health.
Goods entering the customs territory of the Union are subject to customs supervision.
They remain under customs supervision until they are released for free circulation, re18
exported or destroyed. Goods under customs supervision may be subject to customs
controls (Article 37 of Regulation (EEC) No 2913/9227). Customs may carry out all
controls that are necessary to verify that customs rules and other relevant legislation are
correctly applied (Article 13 of Regulation (EEC) No 2913/92). For measures such as
detention, seizure or confiscation national rules apply. In some Member States a Court
decision (decision by a judge) is required for such measures.
Irrespective of whether a consignment is destined for later importation or for transit, in
case the above mentioned documentary check does not have a satisfactory result and if
there is any possibility of danger to public or animal health, the consignment must be
subjected exceptionally to an identity and a physical check in the first BIP.
Consequently
the CVED can be completed and in case of rejection, the first BIP has to take a decision
in
compliance with the requirements laid down in Article 19 of Regulation (EC) No
882/2004.
9.4.2. After the minimum time period for veterinary checks laid down in Article 2
and 3 of Decision 2011/215/EU has elapsed (12 hours at airports and 7 days
at ports)
In case a consignment is destined for later import into the Union/EEA in a second BIP,
a
documentary check has to be carried out in the first BIP to ensure that the consignment
fulfils public and animal health requirements laid down in EU legislation.
At this point, the first BIP has to issue the CVED in TRACES indicating the result for
the
documentary check. The validated CVED is notified to the second BIP, which, using
the
feature "Tranship" can create a subsequent CVED related to that consignment, in which
the results of the identity and physical checks together with the veterinary decision will
be
recorded. This procedure is described in detail in the TRACES Release Note Version
5.1028.
In case a consignment is destined for transit to a third country, the first BIP has to carry
out a documentary and identity check as provided for in Article 11 (2)(b) first sentence
of
Directive 97/78/EC. These checks must include a check of the certificate or veterinary
document of origin, the specific animal health certificate or any other original
document,
or an authenticated copy thereof accompanying the consignment concerned. In addition
they have to check if the relevant consignment will leave directly with a vessel or
aircraft
to the relevant third country or if a later transport via road/rail/waterways through Union
territory is involved. In the latter case, the relevant consignment has to fulfil animal
health
conditions. A CVED has to be issued indicating the results of the checks and the
veterinary decision.
Irrespective of whether a consignment is destined for later importation or for transit, in
case the documentary check does not have a satisfactory result and if there is any
possibility of threat to public or animal health, the consignment must be subjected
exceptionally to an identity and a physical check in the first BIP. In addition Article 20
of
Directive 97/78/EC is applicable and the relevant consignment must undergo the
reenforced
physical checks regime. This includes detainment until laboratory results are
27 Council
Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code,
OJ L 302, 19.10.1992, p. 1
28 The TRACES Release Note Version 5.10 can be downloaded at :
http://circa.europa.eu/Public/irc/sanco/tracesinfo/library?l=/version/version_510&vm=detailed&sb=Title
19
available in cases in which it is suspected that veterinary legislation has not been
complied
with or there is doubt of non compliance with EU requirements.
After results of these checks are available, the CVED can be completed. In case of
rejection, the first BIP has to take a decision in compliance with the requirements laid
down in Article 19 of Regulation (EC) No 882/2004.
Original certificates/documents are checked in the first BIP of arrival and are to be
forwarded to the second BIP together with the CVED.
9.4.3. Extension of the minimum period in ports from 7 to 14 days for consignments
being transhipped directly to a third country (Article 3 (2) of 2011/215/EU)
Decision 2011/215/EU provides Member States with the legal basis for an extension of
the minimum period in Union ports from 7 to 14 days for certain consignments that are
transhipped from one vessel to another at the first BIP within the customs area or free
zone of the same port. This extension is only possible for consignments which are
intended for another third country without any further stop on the territories listed in
Annex I to Directive 97/78/EC.
In addition, the Member State wishing to apply this extension has to present a detailed
justification to the Commission and to the other Member States during a meeting of the
Standing Committee on the Food Chain and Animal Health. This justification should
specify that the Member State concerned has taken all the measures necessary to
prevent
the relevant consignments from being moved to another Union port instead of being
transhipped directly to a third country. Those measures shall include a monitoring
system
to ensure that the time periods and the onward destination as indicated in the advance
notification (see Chapter 9.2) are respected.
9.4.4. After the maximum time period for veterinary checks laid down in Article 2 (2)
of Decision 2011/215/EU has elapsed (48 hours at airports and 20 days at
ports)
An identity and physical check has to be carried out – on top of the documentary check
already undertaken - to ensure that the consignment fulfils the EU requirements for
importation.
After results of these checks are available, the CVED can be completed. In case of
rejection, the BIP has to take a decision in compliance with the requirements laid down
in
Article 19 of Regulation (EC) No 882/2004.